North Dakota Code § 30.1-15-07

(3-407) Formal testacy proceedings - Burdens in contested cases
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In contested cases, petitioners who seek to establish intestacy have the burden of 
establishing prima facie proof of death, venue, and heirship. Proponents of a will have the 
burden of establishing prima facie proof of due execution in all cases, and, if they are also 
petitioners, prima facie proof of death and venue. Contestants of a will have the burden of 
establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, 
revocation, or other cause affecting its validity. Parties have the ultimate burden of persuasion 
as to matters with respect to which they have the initial burden of proof. If a will is opposed by 
the petition for probate of a later will revoking the former, it shall be determined first whether the 
later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, 
it shall be determined first whether the will is entitled to probate.

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